Public employees bargain under state statutes rather than the federal framework, and the differences are substantial.
Scope. State statutes typically define mandatory subjects more narrowly, excluding matters reserved to managerial prerogative or governed by civil service, and in some states excluding particular topics by name.
Strikes are prohibited for most public employees, with penalties for employees and unions. In exchange, statutes commonly provide impasse procedures — mediation, fact-finding with public recommendations, and for police and fire, binding interest arbitration.
Interest arbitration decides the terms of the agreement itself, applying statutory factors including comparable communities, the employer’s financial ability to pay, cost of living, and the interests of the public. Preparing an ability-to-pay case is the central task for a municipality.
Open meetings and public records interact with bargaining. Strategy sessions are commonly exempt from open meeting requirements; proposals and agreements are generally public.
Ratification. Agreements require approval by the governing body, and negotiators should never suggest otherwise at the table.
Budget interaction. Multi-year agreements committing future appropriations must be assessed against statutory limits on obligating successor bodies.
Dues and agency fees. Compelled fees from non-members are unconstitutional for public employees, which has reshaped these relationships.